ANWAR HUSSAIN BARLASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel appearing for the appellants. We have also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State/ respondent No.1. None has appeared for the informant/respondent no.2.

(2.) By filing this appeal, the two appellants have challenged the judgement and order dtd. 7/8/2019 passed by the learned Sessions Judge, Hailakandi, in Sessions case No. 109/2016 convicting the appellants under Ss. 341/302/34 of the Indian Penal Code (IPC) for wrongfully restraining and committing murder of Md. Faruk Uddin Laskar and sentencing each of them to undergo rigorous imprisonment for life and also to pay fine of Rs.5,000.00 each, in default, to undergo imprisonment for two months for the offence committed under Sec. 302 of the IPC and also to undergo simple imprisonment for one month for the offence committed under Sec. 341 of the IPC.

(3.) The brief facts and circumstances giving rise to the filing of the present appeal may be notice hereunder. On 8/2/2016, Md. Fariz Uddin Laskar had lodged an ejahar before the Officer-in-Charge of Hailakandi Police Station reporting that on 6/2/2016, at around 9 a.m. when his brother Md. Faruk Uddin Laskar was going to his vegetables field from their house, the accused persons, viz. Md. Altaf Hussain Barlaskar, Md. Anar Ali Barlaskar, Md. Nur Hussain Barlaskar and Md. Zakir Hussain Barlaskar, armed with dao, lathi etc. had brutally assaulted him out of some old grudge, thereby, causing grievous injuries and bleeding to him. At that time, his cousin Md. Mustafa Ahmed went there to save his brother but the accused persons had brutally assaulted him also thereby causing grievous injuries to Mustafa as well. Hearing hue and cry, he along with some other persons, went to the place of occurrence and saved them from the clutches of the accused persons. Thereafter, Md. Faruk Uddin Laskar and Mustafa were taken to the S.K. Roy Civil Hospital, Hailakandi in a grievously injured state but since the condition of his brother (Faruk) was very critical, he was referred to the Silchar Medical College and Hospital (SMCH), wherein he has been undergoing treatment.